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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ALEXANDER THOMAS, J
STATE OF KERALA – Appellant
Versus
AJIN REJI MATHEW – Respondent
| Table of Content |
|---|
| 1. implicature of statutory default bail. (Para 1 , 2) |
| 2. defects in the final report need curing. (Para 3) |
| 3. court's obligation in ensuring report completeness. (Para 4 , 10 , 24) |
| 4. filing defects impact statutory bail rights. (Para 5) |
| 5. indefeasible right to bail relies on timely investigation. (Para 7) |
| 6. indefeasible right to bail upon default. (Para 8 , 9 , 11) |
| 7. defects in report do not nullify bail automatically. (Para 12 , 13 , 18 , 19) |
| 8. prosecution's diligence crucial for default bail. (Para 14 , 21 , 22 , 23) |
| 9. diligence required in the prosecution's response to defects. (Para 15 , 16) |
| 10. setting aside lower court's improper bail orders. (Para 25) |
ORDER
As per the impugned Anx.C order dated 21.6.2019 rendered by jurisdictional Magistrate Court concerned as affirmed by the impugned Anx.F order passed by the revisional Sessions Court concerned, it has been ordered that the respondent herein (accused) should be released on statutory default bail as the final report/charge sheet filed by the Investigating Agency on the 89th day from the date of remand of the accused was defective, and that the respondent accused has filed the bail application before the curing o
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